hi, not sure if people have read my earlier posts. i was scammed by an illegal immig. we were married for almost 4 years now, separated for 2. he has filed TRO and complaints against me, all of which were dismissed, but it kept pushing back the divorce process.
he filed divorce against me, but wouldn't serve or dismiss his complaint, which cost me another 3.5 months. i then filed my divorce complaint. the 35 days has just ended. we are in nj. which means i can now go and enter a default judgment. my lawyer is dragging his feet. everytime i call and talk to his asst to ask a question, it's another 35$. they told me it would take a week to file the default asking for a date from the judge. does anyone know if my ex did not answer my complaint what the process is for the default judgment? is it a court date and done that day?
also- my ex is living in a property that is in my name. i am paying the bills since he stopped and i care about my credit history. my lawyer said that if i got him a sales contract that he would get a court order removing him. is this possible? how long does it take? my lawyer i was told has been out of the office and the asst keeps telling me it will be passed along...
i should also mention that he is trashing the place he lives at, which i own. real estate agents keep telling me how dirty it is, and that people are turned off by it. my ex's temp green card expired in may....

This message has been edited. Last edited by: jett,

SUE; tell your lawyer if he doesn't move his arse that you will get rid of him and sue for malpractice and emotional infliction of harm; explain to him in writing that this is traumatizing you and causing more damage; also sue the "tenant" for damages and also for emotional damages and also for fraud; if your lawyer doesnt do it, find a new lawyer

Hello Jett

This is an immigration forum. any questions concerning a New Jersey state divorce should be posted on a legal forum where someone with that expertise could answer you concerning New Jersey divorce procedures.

Now you refer to your husband as illegal immigrant when in fact he had a conditional greencard as a benefit from you and was not illegal. I understand there is bitterness because of the cheating,, but it sounds like you are immi bashing by referring to your husband like this.

Your husband will have to wait until the divorce is FINAL, He then will apply on 751 waiver and should just use bona fide marriage being that you were together for 2 years before the seperation. He has proofs of the marriage, property etc . the marriage did not work out.

When it came time for the 751 joint to be signed, You should have sent letter to Vermont indicating that you were seperated and in the process of filing for divorce and would not be signing a joint petition. Also that you wished to withdraw the I-864 support to get you off the hook. You also may have indicated in your letter reasons such as excessive adultery or any abuse that led to the seperation and when the seperation occured.

You have been advised to get a good divorce lawyer, as it looks as though he will be clipping you financially and probably win.

Dont look for anything to happen with this guy in immigration either. He will probably be approved in the 751 waiver. Just appears to be a marriage that didnt workk out and not fraud.

Dont take what happened to you personally with this man.. it has largely been reported for many years that the cultural stereotype of Columbian men is that they are not the monogamous.

Try to save your assets and best wishes in healing and moving on to a better life.

Do not listen to 4now; he is helping a fellow fraudster (also he is a racist based on his comment). If you can get an annullment or a lawsuit based on a finding of immigration fraud, chances are excellent that he will never get a green card or have a very difficult time doing so. I prefer the annullment route.

my lawyer told me it's too late for an annulment...
i never did say that my ex was or was not cheating. i will say that i am aware that his sister just also had a fast marriage to allow her temp residency...i was played from the beginning, but it's almost over. i did not sign any joint I751. i know he was trying to get a battered abuse charge against me...2 weeks before his I751 was due....

just hurry up and get it done; push your lawyer ; they putz around; you were defrauded plain and simple

[quote]
my lawyer told me it's too late for an annulment...
i never did say that my ex was or was not cheating. ....[quote]




But in fact you did say he was cheating, This is what you originally said in earlier post
[quote]
This is when I heard of him sleeping with 2 different bartenders at the club we worked at. there is a hotel attached to it, and I heard first from the manager, then the bartender confessed to her current boyfriend that told me. I was devastated.[quote]


It is not too late for annulment contrary to what your lawyer says. It is just that you have not offered here any proof to show in court that you have grounds for annulment.. tangible or intangible proof that indicate fraud.

Yes maybe you got played.. but unfortunately u cannot prove it.

In anyway, like I told you. Concentrate on saving your assets from him. Has he even gotten a termination letter from UCIS yet? I bet he hasnt and guess what.. he is going to file that waiver and guess who will still be on the hook for his support... b/c you have not done anything to protect yourself.

he slept with others when we were apart, still hurt at the time to find out. but i really don;t care anymore. i just want to move on from him, and be divorced. i have the feeling i don;t have the best lawyer, like i'm a lil client, even though he has given me big bills-lol.
how do i know if he has gotten a termination letter from the uscis? i withdrew my support and never signed any I751. i don;t think he has sent in any I751. he keeps stalling the divorce. is there anyway to tell if he has a termination letter from uscis? i think he is worried about filing the I751 waiver since he has so little proof that when he met with lawyers they told him that he does not have enough info for a bona fide marriage.we owned nothing togther, one small bank acct was all we had...health insurance joint for a few months and pictures...

landlord tenant issues in NJ

http://www.judiciary.state.nj.us/civil/civ-04.htm

You should be able to evict based on a default month to month rental agreement. Usually if no formal written agreement exists the courts will assume a month to month tenancy. If on the other hand a default agreement is not recognized then there are laws dealing with squatters that may be invoked.

Since he is destroying the property this may be usable. In many states there are laws that more or less say each party to a divorce has the obligation to NOT destroy, hide, sell, etc. any community property. This would also extend to not destroying or otherwise making unusable separate property. Or for that matter not interfering with the other person's normal course of business. A restraining order may be another possibility. One that extends to any property owned separately. The real estate agent would probably have to testify to the actual conditions of the property making it difficult tot sell.

technically he's not a tenant so this law does not apply

Even if the tenancy laws don't apply which they still may. There is the issue of interference of day to day business. I don't remember seeing anywhere that a tenant is no longer if there is a prior or for that matter current relationship. Parents rent places to their kids all the time. No free lunches in this country.